1810006 Informal Interpretation

Date:

Tags:

Rule:
802.23
Staff:
Nora Whitehead
Response/Comments:

No new filing would be required, under the circumstances you describe.

Question

From: Whitehead, Nora


Sent: Monday, October 15, 2018 3:27:05 PM (UTC-05:00) Eastern Time (US & Canada)


To:  [Redacted]


Cc: [Redacted]


Subject: RE: Need for Refiling

No new filing would be required, under the circumstances you describe.

From: [Redacted]


Sent: Monday, October 15, 2018 3:01:44 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: Need for Refiling

Dear PNO Staff,

Is a new filing required if, after filing for an all-cash acquisition, the parties agree to use buyer’s stock for part of the consideration, but the seller’s acquisition of buyer’s stock is not reportable and the value of the reportable transaction does not change? I believe the answer should be no new filing required, but I would be interested in your thoughts. Thank you

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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